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Registered Nurse Utilization of Unlicensed 
Assistive Personnel 
BACKGROUND 
The United States is perceived as being 
in a crisis with regard to health care: a crisis of cost and coverage. The cost 
of health care continues to increase making it more and more expensive for 
persons, insurance providers, and employers. Additionally, the number of persons 
uninsured and underinsured is growing in this country. 
In an effort to solve these problems, the health 
care industry and the government are restructuring the way in which health care 
is delivered and paid for. As a result of restructuring, the manner in which 
Registered Nurses (RN) deliver health care is changing, specifically their 
utilization of Unlicensed Assistive Personnel (UAP). Health care providers have 
for decades used UAP to provide support for the RN in the delivery of 
professional nursing care; however, the role and accountability of UAP has not 
been well defined and varies greatly among institutions and health care 
settings. UAP who provide support to the RN should never be used as a substitute 
for the RN. With restructuring, UAP, in some settings, perform nursing 
activities for which they are not trained, educated, or licensed. 
DEFINITIONS 
Delegation: entrusting to another as 
one's representative 
UAP: nursing aides, personal care attendants, 
family members, friends, appointees of the client 
POSITION 
The restructuring of health care has 
altered the way nursing care is delivered. Registered Nurses are being asked by 
health care employers to increase their delegation and use of UAP. This has 
resulted in concern for the safety of the patient, the quality of care, and 
public welfare. In virtually all health care settings, UAP are being delegated 
to and performing duties which are within the scope of nursing. The RN has a 
legal scope of practice and a legal authority to perform nursing acts; UAP do 
not. 
AASCIN believes: 
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  The RN should have the protection of the National 
  Labor Relations Act and states should assure adequate staff to maintain 
  quality care for different health care settings, e.g., acute care, subacute 
  care, skilled nursing facilities, and home care.   
  - 
  
  All persons seeking health care are entitled to 
  be seen and treated by educated competent personnel.   
 
  - 
  
  The RN is responsible to practice within the 
  state's Nurse Practice Act and therefore cannot delegate professional duties.
    
  - 
  
  Budgetary and resource considerations are not 
  valid reasons for wrongful delegation.   
  - 
  
  Employers and RNs who participate in wrongful 
  delegation should be fined or sanctioned, i.e., accreditation or licensure 
  revoked or suspended.   
  - 
  
  The RN does not have to teach UAP who do not 
  demonstrate the ability to learn and perform care.   
  - 
  
  UAP who do nursing tasks should be under the 
  direct supervision of the RN, and the RN must participate with authority in 
  the evaluation of UAP.   
  - 
  
  UAP should not be used as a substitute for 
  the RN in providing nursing care.   
  - 
  
  UAP function differently in different 
  health settings and may not be subject to the same legal mandates in all 
  settings. In licensed settings, UAP are subject to state license restrictions. 
  In settings not subject to licensed regulation, where UAP are arranged 
  for by the client or the client's agent, the UAP works as the client's 
  UAP, and the UAP's care and supervision are the responsibility 
  of the client or client’s agent.   
  - 
  
  At the request of the client or client's agent, 
  the RN may teach the client's care to UAP. The client or client's agent then 
  accepts responsibility for the UAP's supervision and the type and 
  quality of care the UAP provides. The exception to this would be when 
  the UAP are supplied through an agency; in this situation the UAP would 
  be subject to the regulations of the agency and state. Ideally, the RN teaches 
  the client who then teaches and delegates his/her care to their UAP. 
    
 
REFERENCES 
American 
Nurses Association. Position Statement on Registered Nurse Utilization of 
Unlicensed Assistive Personnel, Washington DC. 1992. 
Emergency Nurses Association. Position Statement on
the Use of Non-Registered Nurse Caregivers in Emergency Care, Chicago IL. 
1993. 
Association of Rehabilitation Nurses. Position 
Statement on the Registered Nurse Utilization of Unlicensed Assistive Personnel, 
Skokie IL. 1994. 
(approved 9/95)  |